City of Artesia v. Carter, 94 N.M. 311, 610 P.2d 198 (N.M. App. Jan 8, 1980);
Ben Ezra, Weinstein and Company, Inc. v. America Online Inc., 206 F.3d 980, 46 Fed.R.Serv.3d 35, 28 Media L. Rep. 2185, 2000 CJ C.A.R. 1379, 20 Communications Reg. (10th Cir), Mar 14, 2000);
Sanchez v. Saylor, 129 N.M. 742, 13 P.3d 960, 2000-NMCA-099 (N.M. App., Aug 1, 2000);
Smith v. Ingersoll-Rand Co., 214 F.3d 1235, 54 Fed. R. Evid. Serv. 1050, 2000 CJ C.A.R. 3253 (10th Cir.(N.M.), Jun 07, 2000) (NO. 96-2340);
New Mexico Water Quality Control Com’n v. Emerald Corp., Inc., 113 N.M. 144, 823 P.2d 944 (N.M. App., Nov 22, 1991);
Warner v. Calvert, 2011-NMCA-028, 150 N.M. 333, 258 P.3d 1125;
Delfino v. Griffo, 2011-NMSC-015, 150 N.M. 97, 257 P.3d 917;
Sparta Ins. Co. v. Carrillo, 2017 U.S. Dist. LEXIS 191478 (D. N.M., Nov. 20, 2017);
Cases
2010. Miguel Aguilar, Personal Representative of the Estate of Javier Aguilar, Deceased, V. City of Roswell, Et. Al. Miguel Aguilar, as Personal Representative of the Estate of Javier Aguilar, Deceased filed this civil right lawsuit against the City of Roswell and the Roswell Police Department. This civil rights case was filed in the United States District Court for the District of New Mexico following the death of Javier Aguilar, a mentally handicapped Roswell resident who was tragically killed by police after he called 911 for help over a financial dispute with his caregivers. He was tasered and beaten with a baton by the responding police officers. The case settled for $1.25 million.
2010. Patrick A. Casey, Personal Representative of the Estates of Tracy Smith and Lily Smith, Deceased, Adelaide Smith, Kurt Smith, Leslie Smith, Richard Smith, Terrance Smith, and Jack Smith V. Enchantment Aviation Formerly Known as and D/B/A Southwest Medevac; Omniflight Helicopters, Inc. and Wind Point Partners, A Partnership. This case was filed in Santa Fe County, New Mexico. Mr. Aguilar was proud to serve as Co-Counsel and local counsel with Michael A. Kelly, Esq., Richard Schoenberger, Esq., and Andrew P. McDevitt, Esq. from the Walkup, Melodia, Kelly & Schoenberger firm in San Francisco, California. Settlement is confidential.
2000. Ron AND Lucy Smith V. Ingersoll-Rand Co., Inc. Ron and Lucy Smith filed this product liability case in the United States District Court for the District of New Mexico involving a milling machine manufactured and placed in the stream of commerce by Ingersoll-Rand Co. Inc. The case went to trial in 1997 and was appealed. Ron Smith was severely injured when the right front wheel on an Ingersoll-Rand milling machine, which weighed twenty tons, ran over and trapped his foot. As a result, Ron sustained a “degloving” injury to his leg resulting in eleven surgeries, including the subsequent above the knee amputation of his leg. The jury returned a verdict in favor of Ron and Lucy Smith in the amount of $22 million, including punitive damages. The verdict was affirmed by the United States Court of Appeals, Tenth Circuit. See Ron Smith and Lucy Smith v. Ingersoll-Rand, 214 F. 3d 1235 (2000). 2000.
1991. Baca, Et Al. V. Tom Upchurch, Jr. and Associates, and Buddy Wright. This legal malpractice case was filed in Amarillo, Texas. Mr. Aguilar is proud to have been co-counsel with James A. Branch, Jr. in Albuquerque, New Mexico, and Robert Garner, Esq., Sam Stein, Esq. from Amarillo, Texas. Seventy-seven clients filed this case against Tom Upchurch, Jr. and Associates, and Buddy Wright, Esq. The case was dismissed by the trial judge on Summary Judgment. The case was appealed to the Amarillo Circuit Court of Appeals and reversed. The case settled. The settlement is confidential.
Carl S. Munz, Personal Representative of the Estate of Clarence Stewart Munz, Deceased and Eleanor Amanda Munz, Deceased, VS. Thomas D. Gardner, Ladd Transit Service, Inc. and Leonard Bus Sales, Inc. This wrongful death case was filed in the United States District Court for the Middle District of Pennsylvania. Mr. Aguilar was proud to serve as Co-counsel with Anthony Stefanon, Esq. in Pennsylvania and James L. Gilbert, Esq. from Gilbert and Associates, Inc. in Arvada, Colorado. This was a wrongful death case resulting from the tragic deaths of Stu and Eleanor Munz, when their vehicle was rear-ended by a bus owned by Leonard Bus Sales, Inc. and driven by Thomas D. Gardner. Mr. Gardner ignored approximately three and a half miles of warning signs about construction zones and crashed into with Stu and Eleanor’s vehicle ramming it under an eighteen-wheeler. Result: The case settled. Settlement is confidential.